Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
1) What do you understand by constitutional morality in the context of Indian legal system. What are its sources. Discuss.(250 words)
Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the meaning of the term constitutional morality. We also have to write in detail about sources from which the term assumes its role and powers.
Structure of the answer
Introduction– write a few introductory lines about the term, constitutional morality. E.g while the word ‘morality’ has been used only four times in the Indian Constitution (twice in Article 19 and twice in Right to religious Freedom under Article 25 and 26), it continues to be invoked by the courts in many rights claim cases like surrogacy, speech, sexual orientation.
- Discuss the meaning of the term in detail. E.g Constitutional morality means adherence to the core principles of the constitutional democracy. In Dr. Ambedkar’s perspective, Constitutional morality would mean an effective coordination between conflicting interests of different people and the administrative cooperation to resolve the amicably without any confrontation amongst the various groups working for the realization of their ends at any cost; public conscience, moral order and constitutional morality- ethics of politicians, that constitute the core of policymaking, must be very sound and strong if democracy is to survive for the long period of progress and prosperity for the common people; Thus the scope of the definition of Constitutional Morality is not limited only to following the constitutional provisions literally but vast enough to ensure the ultimate aim of the Constitution, a socio-juridical scenario providing an opportunity to unfold the full personhood of every citizen, for whom and by whom the Constitution exists etc.
- Discuss the sources of constitutional morality in india. E.g (1) Text of the Constitution; (2) Constitutional Assembly debates; (3) Events that took place during the framing of the Constitution; and (4) Case Law History.
Mention a few cases where the concept has been directly or indirectly applied. E.g the Naz Foundation case which used the concept of constitutional morality to strike down Section 377 of the Indian Penal Code and decriminalise homosexuality; Medical Termination of Pregnancy Act etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.